Justia Kentucky Supreme Court Opinion Summaries

In this case, the Supreme Court of Kentucky reviewed a decision by the Court of Appeals that had remanded a case back to the Fayette Circuit Court over the perception of a jurisdictional error. The original plaintiff, Timothy Poole, had filed a lawsuit against Valetta Browne, Executive Director of the Kentucky Office of Bar Admissions (KYOBA), alleging she had negligently performed her duties and caused him damages. This allegation came after Poole was erroneously informed that he had passed the bar exam, only to be told three days later that he had not due to a data entry error. Browne had filed a motion to dismiss the case based on the Supreme Court's exclusive jurisdiction over the practice of law and her own immunity from Poole's claim.The Supreme Court of Kentucky reversed the Court of Appeals' decision and affirmed the trial court's dismissal of Poole's complaint, though on different grounds. The Supreme Court held that the Court of Appeals had failed to adequately consider the Supreme Court's full authority over bar admissions. The court also recognized that individuals who serve in a judicial capacity, such as Browne, are immune from civil liability for conduct and communications occurring in the performance of their duties. The court further clarified that Browne's actions, which Poole complained of, were the functional equivalent of judicial duties, thereby granting Browne absolute immunity. View "BROWNE V. POOLE" on Justia Law

In the case at hand, Jose Sanchez was convicted of five counts of first-degree rape and four counts of third-degree rape. The Supreme Court of Kentucky affirmed these convictions, holding that the text messages and videos were properly authenticated. The court also found that Sanchez was not entitled to a missing evidence instruction regarding his cellphone, as the data extracted from it was preserved, and the phone itself contained no evidence. However, the court reversed and vacated the trial court's imposition of public defender fees against Sanchez, ruling that the imposition of public defender fees was an error as the trial court failed to hold a hearing and determine that Sanchez should not continue to be considered an indigent person. The court also held that the cumulative error did not occur in this case. View "SANCHEZ V. COMMONWEALTH" on Justia Law

In the case under review, the defendant, Paradise Burkhead, was charged with crimes committed when she was a juvenile. Under the juvenile transfer statute in effect at the time of her hearing, her case was transferred from the Jefferson District Court to the Jefferson Circuit Court for adult prosecution because she was over fourteen years old and had committed a felony with a firearm. After a new juvenile transfer statute came into effect, which eliminated the mandatory transfer requirement, Burkhead sought to have her case transferred back to the district court for a second transfer hearing. The circuit court granted her motion, despite the Commonwealth's objection. The Commonwealth appealed this decision, and the Court of Appeals affirmed. The Supreme Court of Kentucky reversed the lower courts' decisions.The Supreme Court of Kentucky held that the Commonwealth's interlocutory appeal was proper and that the circuit court erred by ordering a second transfer hearing. The court found that the interlocutory appeal was justified under KRS 22A.020(4) because it was adverse to the Commonwealth's interests, the proceedings were not suspended, the appeal followed normal rules and procedures, and the Attorney General affirmed that appellate review was important to the correct and uniform administration of the law.As for the retroactive application of the new juvenile transfer statute, the court held that "proceedings" in KRS 446.110 refers to the distinct phases of a case. Therefore, the court must apply the current procedural law governing the particular procedural phase being undertaken. The court held the transfer hearing was a completed phase of the criminal process, and nothing in KRS 446.110 suggested that a court must repeat a completed phase to comply with a procedural amendment. Therefore, the circuit court erred in remanding the case for a second transfer hearing. The case was remanded to the Jefferson Circuit Court for further proceedings. View "COMMONWEALTH V. BURKHEAD" on Justia Law

In the case before the Supreme Court of Kentucky, the defendant, Gregory Stephens, was convicted of first-degree rape and being a persistent felony offender in the second-degree. The conviction was based on the testimony of the child victim, Amy, and was supported by the testimony of additional witnesses who recounted Amy's prior hearsay statements and vouched for her credibility. Stephens appealed, arguing that the inclusion of these hearsay statements and credibility endorsements rendered his trial fundamentally unfair. The Supreme Court of Kentucky agreed, reversing and remanding the case.The court found that the evidence against Stephens consisted entirely of Amy's statements. There was no physical evidence, and the only other possible witness, Amy's mother, did not testify. The court held that the prosecution was erroneously allowed to elicit testimony from additional witnesses to bolster Amy's testimony, amounting to palpable error. Furthermore, the court found that multiple witnesses were improperly allowed to vouch for Amy's credibility.The court also noted that the deputy jailer's testimony about the impact of the rape on Amy during the guilt phase was improperly admitted. The court stated that such victim impact evidence is not permissible during the guilt phase of the trial.The court concluded that the combined errors of hearsay bolstering, vouching testimony, and victim impact testimony rendered the trial fundamentally unfair and demanded a reversal of the conviction. The case was remanded for a new trial. View "STEPHENS V. COMMONWEALTH" on Justia Law

The Supreme Court of Kentucky affirmed the convictions of Jaikorian J. Johnson for second-degree manslaughter and four counts of first-degree wanton endangerment but reversed the sentence and remanded for a new penalty phase due to palpable error in the victim impact statement. Johnson was convicted for shooting dead one person and injuring another, arguing self-defense. On appeal, Johnson raised three issues: the exclusion of two witnesses' testimony regarding the victim's alleged criminal scheme at the time of shooting; the failure to direct verdicts on all four counts of wanton endangerment; and the impropriety and prejudicial nature of the victim impact statement. The court held that the exclusion of character evidence of the victim was not an abuse of discretion because it was irrelevant and inadmissible under KRS 404(b). The court also held that the directed verdicts for the four counts of wanton endangerment were justified because substantial danger existed for the people in the vicinity when Johnson fired his gun. However, the court found palpable error in the victim's mother's impact statement, which included biblical references urging the death penalty and unproven accusations of witness intimidation, thereby seriously affecting the fairness of the proceedings. View "JOHNSON V. COMMONWEALTH" on Justia Law

The Supreme Court of Kentucky upheld the conviction of Eric Berry, who was found guilty of first-degree burglary, first-degree sexual assault, two counts of fourth-degree assault, first-degree fleeing or evading, and resisting arrest. The court rejected Berry's appeal that his right to a speedy trial was violated, arguing that delays in his trial were due to valid reasons such as Berry's own actions, the COVID-19 pandemic, and personal reasons of his attorneys. The court also denied Berry's argument that the trial court erred in not giving an intoxication defense instruction, stating that while Berry was intoxicated during the incident, he clearly knew what he was doing and acted deliberately. The court further dismissed Berry's claim that his former testimony from a domestic violence hearing should have been allowed, as the Commonwealth did not have an opportunity to cross-examine him during that hearing. Additionally, the court found no error in the joinder of the April and December incidents for the trial, as Berry failed to demonstrate actual prejudice from the record. Lastly, the court rejected Berry's claim for cumulative error, as they found no error in the other arguments presented. View "BERRY V. COMMONWEALTH" on Justia Law

Three sisters, Danielle, Angela, and Alyssa, were placed in the custody of their aunt, Kathy Riggle, and her husband, William Kenneth Riggle Sr. (Senior) in 2009 due to their parents' struggles with drug abuse. For the eight years they lived with the Riggles, the sisters alleged that they were sexually abused by Senior and his son, William Kenneth Riggle Jr. (Junior). The abuse was reported in 2017 after the girls were returned to the custody of their mother. Senior was charged with and convicted of multiple counts of sodomy in the first degree, sexual abuse in the first degree, and intimidating a participant in the legal process. The trial court imposed a 70-year sentence in line with Kentucky law. Senior appealed, raising four allegations of error.The Supreme Court of Kentucky found no reversible error and affirmed the convictions. It held that the trial court correctly admitted testimony from two other minor girls who had experienced inappropriate sexual conduct from Senior, as this evidence demonstrated a pattern of conduct and was not merely proof of propensity. The Court also ruled that the testimony from Angela's school counselor was admissible for rehabilitative purposes, as it was offered to explain an inconsistency in Angela's testimony, not to verify the truth of her allegations. The Court further held that any issues with jury instructions regarding unanimity did not rise to palpable error, given the overwhelming weight of evidence against Senior. Finally, the Court found that the trial court did not err in failing to direct a verdict of acquittal on certain counts, as the Commonwealth had produced more than a mere scintilla of evidence to support the charges. View "RIGGLE V. COMMONWEALTH" on Justia Law

The Supreme Court held that Senate Bill (S.B.) 126, which amended Ky. Rev. Stat. 452.005, was unconstitutional and declined to extend comity.Plaintiffs challenged the constitutionality of House Bill 594, which banned certain types of electronic gaming machines. In response, the Attorney General, who was a named defendant, invoked the newly-enacted provision of S.B. 126, seeking to transfer the case to another circuit court by way of a lottery selection. Plaintiffs responded by challenging the constitutionality of S.B. 126's mandatory transfer procedure. The circuit court temporarily stayed its ruling on Defendants' motion to transfer, and Plaintiffs sought a supervisory writ from the Supreme Court to prohibit transfer of the action and seeking a declaration that S.B. 126 was unconstitutional. The Supreme Court granted relief, holding (1) S.B. 126 violates the separation of powers doctrine, contrary to sections 27, 28, 109, 110 and 116 of the Kentucky Constitution; and (2) S.B. 126 is not extended comity. View "ARKK Properties, LLC v. Cameron" on Justia Law

The Supreme Court affirmed Defendant's convictions for first-degree rape, first-degree sexual abuse, intimidating a participant in a legal process, and being a first-degree persistent felony offender and his sentence of twenty years' imprisonment, holding that there was no error in the proceedings below.Specifically, the Supreme Court held (1) the Commonwealth did not improperly comment on Defendant's right to remain silence during voir dire or deprive him of an impartial jury by making a burden-shifting argument to the venire should Defendant have chosen to testify; (2) the trial court did not err by denying Defendant's motion to strike two jurors for cause; and (3) no cumulative error occurred because no prejudicial error occurred. View "Finch v. Commonwealth" on Justia Law

The Supreme Court affirmed Defendant's conviction of murder and tampering with a witness and his sentence of life imprisonment, holding that Defendant was not entitled to relief on his allegations of error.Specifically, the Supreme Court held (1) the jury instructions did not yield a verdict that violated the unanimous verdict requirement, and the trial court properly denied Defendant's motion for a mistrial; (2) the opinion testimony of two police officers did not constitute palpable error; (3) testimony regarding parole eligibility and meritorious good time credit did not render the trial fundamentally unfair; and (4) the Commonwealth's comments during the penalty phase's closing argument did not constitute palpable error. View "James v. Commonwealth" on Justia Law